BILL NUMBER: SB 1597	CHAPTERED  09/01/00

	CHAPTER   282
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 2000
	APPROVED BY GOVERNOR   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 26, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000
	AMENDED IN SENATE   MAY 18, 2000
	AMENDED IN SENATE   MAY 4, 2000
	AMENDED IN SENATE   APRIL 13, 2000

INTRODUCED BY   Senator O'Connell
   (Principal coauthor:  Assembly Member Jackson)
   (Coauthor:  Senator Morrow)
   (Coauthors:  Assembly Members Brewer, Keeley, Lempert, Lowenthal,
Maldonado, and Strom-Martin)

                        FEBRUARY 18, 2000

   An act to amend Section 70.4 of, and to add Sections 70.3 and 70.5
to, the Harbors and Navigation Code, relating to  harbors and ports.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1597, O'Connell.  Harbors and ports.
   (1) Existing law prohibits cities, counties, and districts that
have received funds for the construction or improvement of small
craft harbors of refuge from excluding the use of those harbors by
commercial boats.
   This bill, additionally, would prohibit those cities, counties,
and districts from excluding the use of those harbors by any vessel
in need of a safe harbor for refuge purposes.  The bill would define
"harbor of safe refuge" for purposes of the bill, and would designate
certain harbors in the state as harbors of safe refuge.  To the
extent the bill would impose new duties on entities of local
government, the bill would impose a state-mandated local program.
   The bill would require each vessel entering and using a harbor of
safe refuge to pay the published fees for services rendered while in
the harbor and to comply with all other applicable local, state, and
federal laws while in the harbor and while using any facilities in
the harbor.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 70.3 is added to the Harbors and Navigation
Code, to read:
   70.3.  "Harbor of safe refuge" means a port, harbor, inlet, or
other body of water normally sheltered from heavy seas by land and in
which a vessel can navigate and safely moor, as set forth in Section
70.5.
  SEC. 2.  Section 70.4 of the Harbors and Navigation Code is amended
to read:
   70.4.  No city, county, or district that has received, or is
receiving, money under this division for the construction or
improvement of  a small craft harbor of refuge shall exclude,
consistent with the intent of Section 40, the use of that harbor by a
commercial boat, or any vessel in need of a safe harbor for refuge
purposes.  Each vessel entering and using a harbor of safe refuge
pursuant to this section shall pay the published fees for services
rendered while in the harbor and shall comply with all other
applicable local, state, and federal laws while in the harbor and
while using any facilities in the harbor.
  SEC. 3.  Section 70.5 is added to the Harbors and Navigation Code,
to read:
   70.5.  (a) The following are harbors of safe refuge:
   (1) Bodega Bay Harbor.
   (2) Channel Islands Harbor.
   (3) Crescent City Harbor.
   (4) Dana Point Harbor.
   (5) Fort Bragg Harbor.
   (6) Humboldt Bay Harbor.
   (7) Kings Harbor.
   (8) Marina del Rey Harbor.
   (9) Monterey Harbor.
   (10) Morro Bay Harbor.
   (11) Moss Landing.
   (12) Newport Beach Harbor.
   (13) Oceanside Harbor.
   (14) Pillar Point Harbor.
   (15) Port San Luis Harbor.
   (16) Santa Barbara Harbor.
   (17) Santa Cruz Harbor.
   (18) Ventura Harbor.
   (b) The use of any harbor listed in subdivision (a) for safe
refuge purposes is subject to the suitability of that location as a
harbor of safe refuge as determined by the cognizant Officer in
Charge, Marine Inspection, United States Coast Guard, as described in
the definition of "harbor of safe refuge" in Section 175.400 of
Title 46 of the Code of Federal Regulations.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
